4 Unlawful profit orders: criminal proceedings

4  Unlawful profit orders: criminal proceedings

(1)     This section applies if a person (“the offender”) is convicted of—

(a)     an offence under section 1 or 2, or

(b)     an associated offence in relation to an offence under section 1 or 2.

(2)     The court by or before which the offender is convicted—

(a)     must, on application or otherwise, decide whether to make an unlawful profit order, and

(b)     may, if it considers it appropriate to do so, make such an order, instead of or in addition to dealing with the offender in any other way.

(3)     An “unlawful profit order” is an order requiring the offender to pay the landlord an amount representing the profit made by the offender as a result of the conduct constituting the offence.

(4)     If the court decides not to make an unlawful profit order, it must give reasons for that decision on passing sentence

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